HomeMy WebLinkAbout7599-007 - Amendment 5 Executed
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File Name
Purchasing Contact
Docusign Envelope ID: 0E135603-4844-42F4-9458-DE4D282904B7
7599-007 I35 Aesthetics Plan - Amendment #5
Cori Power
7599-007 PSA – Amendment #5 Page 1 of 2
FIFTH AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND KIMLEY-HORN AND ASSOCIATES, INC.
PSA 7599-007
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FIFTH AMENDMENT TO CONTRACT 7599-007 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Kimley-Horn and Associates, Inc.
(“Engineer”); to that certain contract executed on February 1, 2022, in the original not-to-
exceed amount of $113,137.00 (the “Original Agreement”); amended on October 11, 2022
in the additional amount of $49,900.00 aggregating a not-to-exceed amount of $163,037.00
(the “First Amendment”); amended on September 19, 2023 in the additional amount of
$25,765.00 aggregating a not-to-exceed amount of $188,802.00 (the “Second
Amendment”); amended on November 14, 2023 in the additional amount of $10,000.00
aggregating a not-to-exceed amount of $198,802.00 (the “Third Amendment”); amended
on July 8, 2024 in the additional amount of $10,589.25 aggregating a not-to-exceed amount
of $209,391.25 (the “Fourth Amendment”) (collectively, the Original Agreement, the First
Amendment, the Second Amendment, the Third Amendment, and the Fourth Amendment
are the “Agreement”) for design services related to the TXDOT I-35 Aesthetic Package.
WHEREAS, the City deems it necessary to further expand the services provided by
Engineer to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $13,000 with this Amendment for an aggregate not-to-exceed
amount of $222,391.25; and
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by Engineer to the City;
NOW THEREFORE, the City and Engineer (hereafter collectively referred to as the
“Parties”), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following Amendment, which
amends the following terms and conditions of the said Agreement, to wit:
1. The additional services described in Exhibit “A” of this Amendment, attached
hereto and incorporated herein for all purposes, for professional services related to
the design of the TXDOT I-35 Aesthetic Package, are hereby authorized to be
performed by Engineer. For and in consideration of the additional services to be
performed by Engineer, the City agrees to pay, based on the cost estimate detail
attached as Exhibit “A”, a total fee, including reimbursement for non-labor
expenses an amount not to exceed $13,000.
Docusign Envelope ID: 0E135603-4844-42F4-9458-DE4D282904B7
7599-007 PSA – Amendment #5 Page 2 of 2
2. This Amendment modifies the Agreement amount to provide an additional $13,000
for the additional services with a revised aggregate not to exceed total of
$222,391.25.
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the City and the Engineer, have each executed this
Amendment electronically, by and through their respective duly authorized representatives
and officers on this date _________________________.
“ENGINEER”
KIMLEY-HORN AND ASSOCIATES, INC.
By: ______________________________
AUTHORIZED SIGNATURE, TITLE
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By: ______________________________
THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED
as to financial and operational obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
Docusign Envelope ID: 0E135603-4844-42F4-9458-DE4D282904B7
Thomas G. Coppin, Vice President
Capital Projects
Seth Garcia
Director of Capital Projects
4/10/2026
Rev. 7/18
AMENDMENT NUMBER 05 TO THE AGREEMENT BETWEEN CLIENT AND KIMLEY-HORN
AND ASSOCIATES, INC.
This is Amendment number 05 dated April 28, 2025 to the agreement between City of
Denton, Texas ("Client") and Kimley-Horn and Associates, Inc. ("Consultant") dated 01-01-2022
(“the Agreement") concerning redesigning overpasses on I-35 through the City of Denton (the
"Project").
The Consultant has entered into the Agreement with Client for the furnishing of professional
services, and the parties now desire to amend the Agreement.
The Agreement is amended to include services to be performed by the Consultant for
compensation as set forth below in accordance with the terms of the Agreement, which are
incorporated by reference.
Consultant will perform the following services:
TASK ADS.6: Lump Sum
The consultant previously submitted an MSE Wall Issue for Bid set November of 2023 to the Client.
The plans were based on the current wall elevations provided by TxDOT, as of November 2023.
March 2025, the Client requested Kimley-Horn to update the bid drawings based on the finalized
March 2024 TxDOT wall elevation drawings. The fee for this task is based upon the additional MSE
Wall documentation requested by the City and TxDOT.
The consultant will work with the Client to develop a mutually acceptable project schedule and plan
for submission to TxDOT. If additional client comment revisions are required, then this effort will be
billed at our then current hourly rate schedule.
For the services set forth above, Client shall pay Consultant the following compensation:
The Original Agreement $ 113,137.00
Amendment #1 $ 49,900.00
Amendment #2 $ 25,765.00
Amendment #3 $ 10,000.00
Amendment #4 $ 10,589.25
Amendment #5 $ 13,000.00
Agreement amount incorporating Amendment #5 $ 222,391.25
Exhibit A
Docusign Envelope ID: 0E135603-4844-42F4-9458-DE4D282904B7
Rev. 7/18
CLIENT: CONSULTANT:
CITY OF DENTON KIMLEY-HORN AND ASSOCIATES, INC.
By: ______________________________ By: ________________________________
Title: _____________________________ Title: ______Vice President _____________
Date: _____________________________ Date: ______April 28, 2025 _____________
Docusign Envelope ID: 0E135603-4844-42F4-9458-DE4D282904B7
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CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
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2
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4
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5
Signature of vendor doing business with the governmental entity Date
Docusign Envelope ID: 0E135603-4844-42F4-9458-DE4D282904B7
Exhibit CIQ
Kimley-Horn and Associates, Inc.
X
-
4/10/2026
Certificate Of Completion
Envelope Id: 0E135603-4844-42F4-9458-DE4D282904B7 Status: Completed
Subject: ***Purchasing Approval*** 7599-007 I35 Aesthetics Plan Amendment #5
Source Envelope:
Document Pages: 6 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
3/24/2026 10:04:05 AM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Purchasing Supervisor
City of Denton
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(None)
Completed
Using IP Address: 198.49.140.10
Sent: 3/24/2026 10:09:58 AM
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Signed: 3/24/2026 10:10:20 AM
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Leah Bush
leah.bush@cityofdenton.com
Assistant City Attorney
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Thomas G. Coppin
Tom.Coppin@kimley-horn.com
Thomas G. Coppin, Vice President
Kimley-Horn
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Seth Garcia
Seth.Garcia@cityofdenton.com
Director of Capital Projects
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ID: e6d12438-e9ff-434a-87ae-b1af2c0b0e49
Cori Power
cori.power@cityofdenton.com
Purchasing Supervisor
City of Denton
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(None)
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Sent: 4/10/2026 1:10:59 PM
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Scott Fettig
Scott.Fettig@cityofdenton.com
Sr.PM
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ID: a7ef3b16-2da2-4623-8f79-9062a9787835
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Thomas G. Coppin, Seth Garcia, Scott Fettig
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